Richard Potts v. United States
First Question
Whether the Fair Sentencing Act modified the
statutory penalty for petitioner's offense,
so that petitioner is eligible for a sentence
reduction under § 404(b) of the First
Step Act ?.
Second Question
Whether the part of § 404(c) [Nothing in this
Section should be construed to require a court
to reduce any sentence pursuant to this section]
grants the district court discretionary authority
to retain a sentence that exceed the new
statutory maximum penalty established by
the Fair Sentencing Act ?.
Whether the Fair Sentencing Act modified the statutory penalty for petitioner's offense, so that petitioner is eligible for a sentence reduction under § 404(b) of the First Step Act?